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This excerpt taken from the EYE 10-Q filed Aug 9, 2006. 1.6 Commercially
available to end users, even though not capitalized, shall
mean that a consumer of phacoemulsification surgical equipment could have ordered and
obtained delivery of a product and/or the Feature in question, subject
only to normal inventory and installation limitations. Products
and/or Features that are only available to end
users in proto-types, for clinical testing or evaluation, or for
product development purposes and products and/or Features that are available
only under confidentiality agreements or pursuant to a consulting relationship
between the consumer and the supplier are not commercially available
to end users.
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